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South Africa Plans Law to Repatriate Foreign Prisoners Amid Soaring Costs

A prison system under strain
South Africa is moving to introduce new legislation that would allow the repatriation of foreign nationals serving prison sentences in the country. Correctional Services Minister Pieter Groenewald confirmed that his department is in advanced talks within the Justice, Crime Prevention, and Security Cluster to formalise such transfers, a process that would rely heavily on bilateral agreements with Southern African Development Community (SADC) neighbours.
The urgency is clear. More than 24,000 foreign nationals are currently incarcerated in South African prisons, costing the state a staggering R11.1 million every single day. With overcrowding already a major issue, the financial and logistical pressures are growing unsustainable.
Political pressure for action
Members of Parliament from across the political spectrum have raised concerns about the ballooning numbers of foreign inmates. ActionSA’s Delereen James pressed Groenewald on whether his department was improving deportation processes, while MK Party’s David Skosana questioned why there have been no deportations since April and when the process would restart.
Groenewald admitted that South Africa does not yet have the domestic legislation to regulate the transfer of foreign offenders. His department began working on amendments to the Criminal Procedure Act last year, and discussions with neighbouring states suggest a willingness to cooperate once the legal framework is in place.
Cooperation with Home Affairs
The Department of Correctional Services (DCS) identifies foreign nationals in its facilities and refers them to the Department of Home Affairs (DHA), which verifies their nationality and begins deportation where necessary. Groenewald emphasised that while his department handles detention and transfer, it is ultimately Home Affairs that determines immigration status.
Home Affairs Minister Leon Schreiber revealed that in the past three years, R206 million has already been spent deporting over 113,000 illegal immigrants. Deportation numbers have more than doubled in that period, rising from 22,560 in 2022/23 to over 51,000 by March 2025.
The bigger picture
The debate over foreign prisoners ties into wider discussions about immigration management, border control, and South Africa’s ability to bear the costs of incarceration. With prison budgets already stretched, the new law is being positioned as both a financial and humanitarian solution, ensuring foreign nationals can serve their sentences closer to home while freeing up local resources.
Whether this initiative will bring quick relief remains to be seen. But with costs climbing into the millions each day and public frustration mounting, the pressure on the government to deliver is stronger than ever.
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Source: IOL
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